Title 36, Title 36 — Insurance

Any insurer failing, without just cause, to timely file the ORSA Summary Report as required in this act shall be required, after notice and hearing, to pay a penalty of One Thousand Dollars ($1,000.00) for each day's delay, to be recovered by the Insurance Commissioner. The maxim…

A. The Insurance Commissioner may conduct such examinations and investigations of matters, within the scope of the authority of the Commissioner, as the Commissioner may deem proper to secure information useful in the lawful administration of the applicable provisions of the Okla…

Tuition and fees. The Insurance Commissioner is hereby authorized to arrange for the training of rate analysts and assistant rate analysts. Funds appropriated to the Insurance Commissioner may be used to pay the tuition and fees of the above personnel while receiving training rel…

No employee of the Insurance Department shall be financially interested, directly or indirectly, in any insurer, agency or insurance transaction except as a policyholder or claimant under a policy; except, that as to such matters wherein a conflict of interest does not exist on t…

A. The Insurance Commissioner shall collect the following fees and licenses for the Property and Casualty Division: 1. Rating organizations, statistical agents and advisory organizations: a. Application fee for issuance of license...................................$200.00 b. Lice…

Notwithstanding any other provision of law that requires a particular form and associated payment to be filed with the Insurance Department in paper form, or to be mailed or hand- delivered to the Insurance Department, the Insurance Commissioner may, by appropriate order, require…

A. 1. Upon request by an applicant, the Insurance Commissioner may refund to the applicant all or any portion of any fees collected by the Commissioner pursuant to law including but not limited to any unearned fees and application fees. Such fees may be refunded, if requested, pr…

This article shall not apply to: 1. Reinsurance. 2. Policies or contracts not issued for delivery in Oklahoma nor delivered in Oklahoma, except upon subjects of insurance other than life and disability insurance located or to be performed in Oklahoma, and, except as provided in s…

"Policy" means contract of or agreement for effecting insurance, or the certificate thereof, by whatever name called, and includes all clauses, riders, endorsements and papers attached thereto and a part thereof. Laws 1957, p. 363, § 3602.

"Premium" is the consideration for insurance, by whatever name called. Laws 1957, p. 363, § 3602.

A. 1. Any individual of competent legal capacity may procure or effect an insurance contract upon his or her own life or body for the benefit of any person. Except as provided in subsection D of this section, no person shall procure or cause to be procured any insurance contract …

A. No insurance contract on property or of any interest therein or arising therefrom shall be enforceable as to the insurance except for the benefit of persons having an insurable interest in the things insured. B. "Insurable interest" as used in this section means any actual, la…

A. Any person of competent legal capacity may contract for insurance. B. A minor not less than sixteen (16) years of age as at nearest birthday may, notwithstanding such minority and with signed parental or guardian consent, contract for life or accident and health insurance on h…

No life or accident and health insurance contract upon an individual, except a contract of group life insurance or of group or blanket accident and health insurance, shall be made or effectuated unless at the time of the making of the contract the individual insured, being of com…

A. No application for the issuance of any life insurance policy or contract shall be admissible in evidence in any action relative to such policy or contract, unless a true copy of the application was attached to or otherwise made a part of the policy when issued. This provision …

Mortgage guaranty policies. A. All statements and descriptions in any application for an insurance policy or in negotiations therefor, by or in behalf of the insured, shall be deemed to be representations and not warranties. Misrepresentations, omissions, concealment of facts, an…

records A. There is hereby created within the Insurance Department, under the control and direction of the Insurance Commissioner, an "Anti-Fraud Unit" within the Legal and Investigation Division of the Insurance Department. B. Violations of any statute or administrative rule of …

A. No insurance policy form or application form, where written application is required and is to be made a part of the policy, rider or endorsement form other than surety bond forms and such other insurance policy forms as are hereinafter specifically otherwise provided for shall…

of certain policies - Exemptions. A. The Insurance Commissioner shall disapprove any form of policy, application, rider or endorsement or withdraw any previous approval thereof only: 1. If it is in any respect in violation of or does not comply with this code, including Section 4…

Regulations - Issuance - Return and refund - Examination of insurers. A. As used in this section: 1. "Commissioner" means the Commissioner of Insurance; 2. "Medicare supplement policy" means a group or individual policy of accident and health insurance, or a subscriber contract o…

A. Insurance contracts shall contain such standard provisions as are required by the applicable provisions of this Code pertaining to contracts of particular kinds of insurance. The Insurance Commissioner may waive the required use of a particular standard provision in a particul…

A. The written instrument in which a contract of insurance is set forth is the policy. B. Every policy shall specify: 1. The names of the parties to the contract. 2. The insurer's name and complete address. 3. The subject of the insurance. 4. The risks insured against. 5. The tim…

Every insurance policy or application and every insurance claim form shall contain a statement that clearly indicates in substance the following: "WARNING: Any person who knowingly, and with intent to injure, defraud or deceive any insurer, makes any claim for the proceeds of an …

prohibited. A. No insurer which writes physicians' or hospitals' professional liability insurance shall, in a policy of insurance or in a rider, endorsement, or other amendment of or addition to a policy of insurance or by any means, attempt to restrict, control, or otherwise int…

A policy may contain additional provisions not inconsistent with this Code and which are: 1. Required to be inserted by the laws of the insurer's domicile; 2. Necessary, on account of the manner in which the insurer is constituted or operated, in order to state the rights and obl…

A. This section shall be known and may be cited as the "Genetic Nondiscrimination in Insurance Act". B. For purposes of the Genetic Nondiscrimination in Insurance Act: 1. "Accident and health insurance" means accident and health insurance as defined in Section 703 of this title, …

A. This section shall be known and may be cited as the "Genetic Nondiscrimination in Employment Act". B. For purposes of the Genetic Nondiscrimination in Employment Act: 1. "DNA" means deoxyribonucleic acid; 2. "Employer" means employer as such term is defined in Section 3(d) of …

A. No person who maintains genetic information shall be compelled to disclose such information pursuant to a request for compulsory disclosure in any judicial, legislative, or administrative proceeding, unless: 1. The request for compulsory disclosure is in accordance with court-…

A. This section shall be known and may be cited as the “Genetic Research Studies Nondisclosure Act”. B. For purposes of the Genetic Research Studies Nondisclosure Act, “genetic research study or studies” shall mean those genetic research studies approved by an institutional revie…

No policy shall contain any provisions purporting to make any portion of the charter, bylaws or other constituent document of the insurer a part of the contract unless such portion is set forth in full in the policy, provided, however, this section shall not apply to the subscrib…

In every policy wherein the subject of the insurance is a motor vehicle, if the risks insured against do not include bodily injury and property damage liability, the policy and any certificate or memorandum thereof shall have imprinted or stamped on the face and cover or filing b…

liability policy. A. Unless specifically excluded in a separate written endorsement between the named insured and the insurer, every property or motor vehicle liability policy issued in the state in which the named insured is a trust created under the laws of this state and the p…

No policy delivered or issued for delivery in Oklahoma and covering a subject of insurance resident, located, or to be performed in Oklahoma, shall contain any condition, stipulation or agreement (1) requiring such policy to be construed according to the laws of any other state o…

A. Every insurance policy shall be executed in the name of and on behalf of the insurer by its officer, attorney-in-fact, employee, or representative duly authorized by the insurer. B. A facsimile signature of any such executing individual may be used in lieu of an original signa…

A. Two or more authorized insurers may jointly issue, and shall be jointly and severally liable on, an underwriters' policy bearing their names. Any one insurer may issue policies in the name of an underwriter's department and such policy shall plainly show the true name of the i…

Revolving Fund. An annual fee of Seven Hundred Fifty Dollars ($750.00) shall be paid to the Insurance Commissioner to be expended by the Insurance Commissioner for the purposes of investigation of suspected insurance fraud and civil or administrative action in cases involving sus…

Any insurance policy, rider, or endorsement hereafter issued and otherwise valid which contains any condition or provision not in compliance with the requirements of this Code, shall not be thereby rendered invalid but shall be construed and applied in accordance with such condit…

Every insurance contract shall be construed according to the entirety of its terms and conditions as set forth in the policy and as amplified, extended, or modified by any rider, endorsement, or application attached to and made a part of the policy. Added by Laws 1957, p. 368, § …

A. Binders or other contracts for temporary insurance may be made orally or in writing, and shall be deemed to include all the usual terms of the policy as to which the binder was given together with such applicable endorsements as are designated in the binder, except as supersed…

A. Nothing in this Code shall be construed to prevent an insurer from charging and collecting in this state separate initial membership fees, policy fees and any other fees as defined in subsection C of this section in addition to premiums for insurance, and such fees shall not b…

A. Premiums paid for coverage of life, accident and health insurance shall be refunded from the date of death of the insured to the premium due date. 1. The refund of premium shall be on a daily pro-rata basis. 2. Premium refunds shall be provided within ninety (90) days from the…

No insurer, at any time, shall charge the insurance producer for any costs associated with the necessary documentation or records needed to underwrite a policy. The provisions of this section shall apply only to personal insurance as defined in Section 952 of Title 36 of the Okla…

Except as provided in Section 6055 of this title, a policy may be assignable or not assignable, as provided by its terms. Subject to its terms relating to assignability, any life or accident and health policy, whether heretofore or hereafter issued, under the terms of which the b…

incidents of ownership. A person whose life is insured under a group insurance policy may, subject and pursuant to the terms of the policy, or pursuant to an arrangement between the insured, the group policyholder and the insurer, assign all or any part of his incidents of owners…

As used in this act: 1. "Insurer" means any insurance company that administers accident and health policies or plans or that administers any other type insurance policy containing medical provisions, and any nonprofit hospital service and indemnity and medical service and indemni…

medical assistance - Notice of claim - Discharge of obligation. A. Notwithstanding the provisions of Section 3624 of this title, whenever an insurer who has not discharged its obligation to make payments to an individual for medical services, and if that individual has received m…

A. Any person who has an application pending or who has received medical assistance from the Department of Human Services and files a claim with any insurer for benefits shall at that time advise the insurer of the receipt of or pending application for medical assistance from the…

medical assistance prohibited. Any clause of an insurance contract, plan or agreement administered by an insurer that limits or excludes payments if the individual is eligible for medical assistance is void. Laws 1981, c. 172, § 4.

Any and all policies of insurance, or any plan or agreement administered by an insurer, issued, entered into, amended or renewed after the effective date of this act containing any provisions contrary to or in conflict with this act are void as to those provisions only; all remai…

A. No insurance contract insuring against loss or damage through legal liability for the bodily injury or death by accident of any individual, or for damage to the property of any person, shall be retroactively annulled by any agreement between the insurer and the insured after t…